Florida Lien: A Complete Guide to Liens in the State

A lien is a legal claim placed by a creditor on property that belongs to a debtor as security for an unpaid debt. A lien gives creditors the right to enforce their claims and prevents the debtor from selling, transferring, or refinancing the property until the lien is resolved.

What Is a Lien in Florida?

Section 727.104(2) of the Florida Statutes defines a lien as a charge by a creditor against a debtor’s property to secure payment of a debt or an obligation. Liens may apply to real property (houses, land, and commercial buildings) or personal property (vehicles, boats, or business assets) of the debtor. Liens become part of the public record once they are recorded in the county, and any party may make use of the information.

For creditors, liens are a legally enforceable method of securing repayment. However, the liens may block refinancing or sales of a debtor’s property. Buyers must conduct lien checks on their intended purchases to avoid inheriting someone else’s debt.

Types of Liens in Florida

Since there are several types of liens under Florida law, it is essential to know their characteristics, which are listed below:

1. Tax Liens - The government files them against an individual’s property for unpaid taxes. These liens often lead to tax lien certificate sales at public auctions.
2. Mechanic’s or Construction Liens - These are claims that contractors, subcontractors, or suppliers may file to ensure their payment for labor or materials. Florida’s construction lien laws require strict compliance by all parties with notice and filing deadlines.
3. Judgment Liens - Created when a court issues a judgment against a debtor and records it with the Florida Department of State. Judgment liens may attach to real property and personal property.
4. Mortgage Liens - They are placed by lenders when property is purchased with financing. They remain active until the mortgage is fully paid and released.
5. Consensual Liens - These liens, also known as voluntary liens, result from loans when an individual pledges their asset as security to a creditor. Examples of these include trust deeds, vehicle loans, and equipment financing.
6. HOA or Condominium Association Liens - These liens are filed by homeowners' associations for homes that fail to pay their dues, assessments, or maintenance fees. These liens can lead to foreclosure proceedings under Florida law.
7. Unrecorded Liens - These liens include unpaid real estate taxes, water, and sewer service charges on property. Potential buyers must check for liens on property before they purchase such property.

How to Search for Liens in Florida

Lien records typically include the creditor’s name, the debt amount, the recording date, and a legal description of the property. Lien records in Florida are public and accessible through several channels:

• County Clerk of Court and Comptroller’s Offices: Each Florida county maintains its own property and lien records. Individuals may search for liens by using the property owner’s name, address, or parcel ID.
• Online County Portals: Many counties, including Miami-Dade, Broward, and Hillsborough, provide online search tools for lien and property records.
• Florida Department of State: Judgment liens against personal property can be searched through the state’s online database.
• Title Companies and Third-Party Services: Some third-party agencies provide professional lien searches for the public. Users must know that it is safer to search for liens from the official sources.

Lien Records in Major Florida Cities

Since lien records in Florida are managed on a county basis, people who are interested in these documents must contact the counties:

• Miami (Miami-Dade County): The Miami-Dade Clerk of the Courts manages lien records in the county and allows the public to access the documents online or in person.
• Orlando (Orange County): The Orange County Comptroller provides an online property and lien record search to the public.
• Tampa (Hillsborough County): The Hillsborough County Clerk of Court offers searchable online lien and property records.
• Jacksonville (Duval County): Lien searches are managed by the Duval County Clerk of Courts, with online access available to the public.
• Tallahassee (Leon County): The Leon County Clerk of the Circuit Court and Comptroller maintains lien filings and provides public access both online and in person.

How Long Does a Lien Stay on Property in Florida?

If liens are not properly released or satisfied, they may continue to appear in public records, creating title problems. The validity of a lien in Florida depends on the type of lien filed:

• Property Tax Liens: They remain active until redeemed or the tax lien certificate matures and leads to foreclosure. The redemption periods are generally around two years.
• Mechanic’s Liens: They are valid for one year from the date of filing unless they are extended by court action.
• HOA Liens: These liens are valid for 90 days, or they become void.
• Judgment Liens: Judgment liens are valid for 10 years and may be renewed by the court for an additional 10 years.
• Mortgage Liens: These liens continue until the mortgage loan is fully satisfied and the lender records a release of the lien.
• Tax Liens (IRS/State): Generally, federal tax liens last for a maximum of 10 years.

How to Remove a Lien in Florida

To simply remove a lien in Florida, the debt must be paid, or the lien must be challenged in court. Some common methods include:

• Paying the Debt: Debtors pay all their debts, including any interest or penalties. The lienholder (creditor) must provide a lien release to be recorded with the county clerk.
• Negotiating a Settlement: A debtor may agree to a partial repayment or settlement with their creditor.
• Court Action: A property owner (debtor) may challenge the lien by filing a petition in a Circuit Court where the property is located..
• Recording a Satisfaction or Release: The lienholder may release a satisfaction or release that proves the debtor has satisfied all the conditions of the lien. Debtors (property owners) are advised to verify that it has been recorded to clear the title. The liens may also expire or become invalid and void.

Liens in Florida are a critical part of property and debt law, ensuring creditors have recourse while holding debtors (property owners) accountable for their debts. Florida lien laws impose strict deadlines and procedures on all parties involved in the action. It is better for individuals or property owners to consult a county clerk, a title company, or an attorney.

With the right approach, property owners can clear liens and maintain a clean title in Florida real estate transactions.